The SIC determined that the sign in process was not related to the grounds of non-registrability
Biochemical Pharma S.A., requested the Superintendence of Industry and Commerce to register the Versaclox mixed brand to distinguish products included in class 5 of the Nice International Classification, which includes pharmaceutical products. The sign could be registered.
According to what was published in the Industrial Property Gazette No. 836 of August 21, 2018, Bayer Intellectual Property Gmbh filed an opposition based on the grounds of non-registrability due to confusion with registered trademark, according to Art. 136, letter A of the Andean decision.
The legal representation of Bayer argued its opposition in the following way: "It is validly concluded that the sign requested to register under this file bears important similarities with the trademark registered by my client, Veraflox, which makes its peaceful coexistence in the market impossible" .
Additionally, Bayer stated that allowing two orthographically similar signs to share a presence in the market would affect the rights of my represented and would endanger the rights of consumers who could confuse and / or associate these signs with each other.
Within the term granted for this purpose, the company Biochemical Pharma SA, responded to the opposition arguing that these rules are "materialized to the specific case in the need to exclude from the examination as a whole the prefix 'See', since the referred it is commonly used for class 5 International. "
In accordance with what was pointed out by Superindustria, Bioquímico Pharma S.A requested the modification of the sign by adding the expression "Pharmaceutical products" to the trademark processed.
In this order of ideas and having notified the Bayer company by means of a memorial presented on March 12, 2019, it records that it submitted the withdrawal of the request for opposition of the aforementioned sign.
Once the documents in the file have been reviewed, in order to decide on the application for withdrawal of the application for registration of the aforementioned trademark, the Superintendency of Industry and Commerce was able to verify that the withdrawal document has a personal presentation reason why the which was accepted by the Directorate of Signs.
As part of the legal procedure for the achievement of the sign in process, the Super-industry proceeded to carry out the respective registration examination.
On Versaclox, it was decided that it possessed sufficient distinctive capacity to identify the products requested, and is not subject to grounds of non-registrability.
According to the expert lawyer José Jerez, of the firm Cáez Muñoz Mejía, "Bayer desists from his opposition due to a simple modification in the processed sign. The Andean Community Commission allows this when there is a case of conciliation between the parties. "